đ©đŸââïž Legal
Your usage of LiveBetter is determined by two key agreements.
- First, there are the Terms of Service. These govern what you are allowed to do with LiveBetter and spell out a few things that are prohibited (e.g,. harassing other users)
- Second, there is our Privacy Policy. This policy outlines what data we may collect based on your usage with LiveBetter and what we may do with it (pretty much nothing except use it to make the service better).
If you have any questions about our privacy policy or terms of service, please do not hesitate to contact us at info@livebetter.io!
These policies were last edited on September 21st, 2017
đ Terms of Service
This terms of service (âTerms of Serviceâ) governs your use of our website, https://livebetter.io, applications (âAppsâ), email coaching, and other products, services or features we offer, including our digital coach, Liam (collectively, the âServicesâ). By using the Services you are agreeing to comply with and be bound by the Terms of Service. If you do not agree to comply with and be bound by the Terms of Service, you may not use the Services.
LiveBetter Corp (âLBâ, âweâ or âusâ) may amend, change or supplement the Terms of Service from time to time, in our sole discretion, without notice. Any such change will become effective immediately upon posting. It is your responsibility to frequently check this page for any changes. Your continued use of the Services after any change will constitute your acceptance of such change.
1. Age Requirement
You affirm that you are at least 18 years old and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms of Service, and to abide by and comply with the Terms of Service. The Services are not intended for individuals who are under the age of 18.
IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE ANY PART OF THE SERVICES
2. No Medical or Psychiatric Advise or Therapy; No Doctor Patient Confidentiality
LB IS NOT A MEDICAL OR HEALTH SERVICES PROVIDER OR FORUM. LB DOES NOT ENGAGE IN PATIENT DIAGNOSIS OR MEDICINE AND MAKES NO HEALTH CLAIMS REGARDING OUR SERVICES.
Neither the content presented by and through LB nor the Services are in any way intended as medical or psychiatric advice, diagnosis or therapy. The Services are not provided for the purpose of diagnosing or treating medical or psychiatric problems or conditions, and are not a substitute for medical or psychiatric treatment or therapy. The content presented by and through LB and the Services are not, and should never be, a substitute for the advice of a licensed healthcare provider or medical professional. Any health information provided through the Services or through links to other sites is provided for your convenience only.
Use of the Services does not establish a doctor-patient relationship and the communications you have with and through LB, including any communications you have with Liam, are not protected by a physician-patient privilege or doctor patient confidentiality. Use of the Services is at your own risk. The information and statements regarding LB and the Services have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease or psychological disorder.
All content that is made available by and through LB or the Services should be discussed and confirmed with your physician, psychiatrist, therapist or other healthcare provider. You should not start any wellness program or make any modifications to your diet, exercise regimen or sleep schedule, or otherwise make any modifications to your lifestyle that may affect your health, without first consulting your physician, psychiatrist, therapist or other healthcare provider.
3. Warranty Disclaimer
THE SERVICES AND ALL OF THE CONTENT PROVIDED BY OR THROUGH LB IS ON AN âAS ISâ BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LB MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (B) USING THE SERVICES WILL RESOLVE ANY OF YOUR PROBLEMS, (C) THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR (D) THE SERVICES WILL ALWAYS BE AVAILABLE FOR YOUR USE. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
4. Grant of Limited License
When you use the Services, LB is granting you a limited, non-exclusive, non-assignable and non-transferrable license to access and make personal use of the Services. This license is personal and does not include any resale or commercial use of LB or the Services. LB owns all of the right, title and ownership in and to the Services, and any copies or portions thereof. You agree not to download or modify the Services, or any portion of the Services, without the express prior written consent of LB. Any unauthorized use by you shall immediately terminate the license granted to you by LB.
5. User Content
When you use the Services, you may be able to publish, transmit or post content that may be visible to other users. You agree that you are solely responsible for the content you publish, transmit or post when you use the Services and LB will not have any liability for such content. When you publish, transmit or post content, you are affirming, representing and warranting that: (a) you own or have the necessary licenses, rights, consents, and permissions to use, and authorize LB to use, each and every image and sound contained in the content and to enable inclusion and use of such content in the manner contemplated by the Services; and (b) the publishing, transmitting or posting of the content on or through the Services or otherwise does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person or entity.
You agree that you will not publish, transmit or post falsehoods or misrepresentations that could damage LB or any third party, or any content that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable, or that otherwise constitutes âcyber bullyingâ. LB does not endorse any user content or any opinion, recommendation or advice expressed therein, and LB expressly disclaims any and all responsibility or liability in connection with such user content.
LB reserves the right to decide whether any user content is inappropriate or violates the Terms of Service, including but not limited to: copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length or storage size. LB also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages), or to restrict, suspend or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, LB assumes no responsibility for monitoring the Services for inappropriate content, or modifying or removing such content from the Services.
6. Prohibited Actions
You agree to use the Services in a manner consistent with all applicable laws, rules and regulations. In connection with your use of the Services, you agree not to: (a) publish, transmit or post any content containing personally identifiable or confidential information; (b) publish, transmit or post any content that may be deemed to be indecent or obscene; (c) impersonate any person or entity; (d) âstalkâ or otherwise harass any person; (e) engage in any unauthorized advertising or commercial solicitation of third parties; (f) publish, transmit or post any chain letters, spam or junk e-mail; (g) express or imply that any statements that you make are endorsed by LB, without our specific prior written consent; (h) publish, transmit or post in any way any copyrighted material, trademarks, service marks, trade secrets, patents, domain names, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (i) remove any copyright, trademark or other proprietary rights notices contained in our Services; (j) interfere with or disrupt any of the Services or the servers or networks connected to the Services; or (k) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services.
If you engage in any of these prohibited actions then LB may, in its sole discretion, immediately terminate your account without notice. LB reserves the right to pursue any and all legal remedies available to it in the event you engage in any of these prohibited actions.
7. Paid Subscriptions and Free Trials
After your LiveBetter Plus free trial ends, your account will be charged unless your subscription is canceled more than 24 hours before the end of the trial period. If you choose to purchase LiveBetter Plus, payment will be charged to your iTunes or Google account, and your account will be charged for renewal within 24-hours prior to the end of the current period. Auto-renewal may be turned off at any time by going to your settings in the iTunes or Google Play stores after purchase.
Three and twelve months subscriptions will be billed as a single payment.
8. Indemnification
You are solely responsible for all of your activity in connection with the Services. You agree that you will defend, indemnify and hold harmless LB and its affiliates, and each of their respective employees, consultants, contractors, officers, directors, managers, members, suppliers and representatives from all liabilities, claims and expenses, including reasonable attorneysâ fees, that arise from your use of any of the Services, the content you publish, transmit or post in connection with your use of the Services, your violation of any applicable law, rule or regulation, your negligence, willful misconduct or other fault, and your violation of this Terms of Service.
9. Limitation of Liability
IN NO EVENT WILL LB OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, CONSULTANTS, CONTRACTORS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SUPPLIERS OR REPRESENTATIVES BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES FOR (A) ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (B) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, REGARDLESS OF THE SOURCE OF ORIGIN, OR (C) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 U.S. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
10. Data Collection and Storage
The Services are hosted on servers in the United States. By using the Services, you agree to the processing and storage of your personal and non-personal information in the United States, including for purposes of processing payments or tracking individual use of the Services. By using the Services, you acknowledge that you understand that the United States may not have the same levels of protection that exist in your country of residence, and you nonetheless agree to the processing and storing of your information in the United States. For more information about how LB collects information from you, or the type of information that may be collected, you should consult our Privacy Policy.
11. Termination
LB reserves the right to terminate your access to the Services at any time, with or without cause, with or without notice, and with or without penalty or liability. Upon termination, your license to access and make personal use of the Services will be terminated. You agree to no longer use, or attempt to use, any of the Services after such termination. All of the provisions in this Terms of Service that should survive termination will survive termination, including, without limitation, warranty disclaimers, and medical services disclaimers, liability limitations, arbitration and governing law.
12. Arbitration
All disputes arising out of, relating to, or in connection with the Terms of Service or your use of the Services that cannot be resolved informally will be settled through arbitration in accordance with the rules and procedures of the American Arbitration Association (âAAAâ). The arbitrator will be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with AAA, and such arbitrators shall jointly select a third arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding and enforceable in any court. The arbitration proceeding will take place in the United States (in a jurisdiction to be selected by LB) and will be conducted in English. Notwithstanding the foregoing, nothing herein is intended to limit either partyâs right to seek injunctive or other equitable relief at any time in any court of competent jurisdiction.
13. Governing Law
The Terms of Service are governed by, and will be construed in accordance with, the laws of the state of Connecticut.
đ Privacy Policy
1. Introduction
LiveBetter Corp (âLBâ, âweâ or âusâ) is committed to protecting and respecting your privacy in connection with your use of our website, https://livebetter.io, applications (âAppsâ), email coaching, and other products, services or features we offer, including our AI-powered virtual coaches, Lia & Liam (collectively, the âServicesâ). This privacy policy (âPrivacy Policyâ) sets forth the basis on which we collect information from you and the basis on which you provide information to us in connection with your use of the Services.
You should not use the Services if you do not agree to the terms of this Privacy Policy. Your continued use of the Services represents your consent to the terms of this Privacy Policy. Weâve tried very hard to create a Privacy Policy that is clear and easy to understand. However, if you have questions about anything in this Privacy Policy, please email us at info@livebetter.io
2. Information Provided By You
In order to create your LB account, you will be required to provide us with your email address, user name and password. You may, but are not required to, provide us with your name and a telephone number. If you choose to use the Services and make an in-App purchase of a product or service we offer, you may be required to provide additional information, such as your credit or debit card number and billing address.
3. Third Party Registration and Use
When you use your social media account(s), including your Facebook account, to register with us or to use our Services, we may receive certain personal information thatâs connected to your social media account. The personal information we receive may include information thatâs visible on your public profile, such as your username, user ID or handle, and depending on your accountâs privacy settings it may also include your profile picture, age range, education and work history, country/language, interests, photographs and videos, gender, and any other information thatâs associated with your social media account.
When you use your Google account to register with us or to use our Services, we may receive certain personal information thatâs connected to your Google account. Depending on your accountâs privacy settings, this personal information may include your e-mail address, name, gender, country, access to any of the other applications you use through your Google account, and any other information thatâs associated with your Google account.
If you donât want us to receive personal information from your social media account or your Google account, then you should not use those accounts to access the Services. For more information about what third parties provide to us when you use your social media account or Google account to access the Services, you should contact the account administrator for the social media account or Google (as applicable).
4. Tracking Technologies
LB utilizes Google Analytics, SendGrid and Mixpanel, and may use other, similar services, to collect non-personal information about you when you use the Services. This non-personal information typically includes your browser type, IP address, mobile device used, mobile device identifiers, other data collected from your mobile device, and general user activity on LB. We use various tracking technologies, such as cookies, beacons, tags and scripts, to enable a service to recognize your device, so you donât have to login multiple times when using the Services.
Google Analytics sets cookies to help us accurately estimate the number of visitors to LB and the volumes of usage of the Services. For more information on how Google Analytics processes this information, visit www.google.com/analytics.
Mixpanel uses cookies to help analyze how visitors arrive at, and use, the Services, and provides us with statistical reports on Services activity. For more information on how Mixpanel processes this information, visit www.mixpanel.com/privacy.
We have the right, but not the obligation, to store any messages that pass through the Services as well as other message information.
5. Use and Disclosure of Your Information
We may use information we collect from you to:
- Help us develop, improve, deliver and operate the Services;
- Customize the Services and advertising to your preferences;
- Keep you posted on product and services announcements, and important notices regarding terms, policies, and conditions;
- Send you e-mails, newsletters or promotional materials;
- Detect and block security breaches and provide you with a safe online environment;
- Support internal functions such as auditing, data analysis, research, and quality management; and
- Develop and deliver new products and services and improve the Services and advertising.
We may also use the non-personal information we collect to tailor the Services and advertisements to your personal interests and/or demographics (e.g., behavioral, interest-based or geographic targeted advertising). In addition, LB may provide non-personal information in the form of aggregate statistics about our users, sales, online traffic patterns, and related information to third parties.
We may disclose personal information to third parties only as follows:
- To contractors we use to support our business, in which case we will require such third parties to agree to treat it in accordance with this Privacy Policy and use it for the same purposes;
- In the event of a sale, merger, liquidation, dissolution, reorganization, assignment or other transfer of LB, or the business or the Services to which the information relates, in which case we will require any such buyer to agree to treat it in accordance with this Privacy Policy and use it for the same purposes; or
- To respond to law enforcement requests or where required by applicable laws, court orders, or government regulations; and in situations involving harassment or âcyber bullying" or threats to the physical safety of any person.
Information collected and used by our advertisers is outside of our control. If you have any questions about a banner advertisement, you should contact the responsible advertiser directly. Of course, if you do not access an advertisement (e.g. by tapping on an ad), no information is accessed or disclosed to the advertiser.
6. Your Responsibility Online
You should remain aware that any information you share online is not completely secure and it is possible that your information may be accessed by others. While we will do our best to protect your privacy, we cannot guarantee your online safety or security or that others wonât try to access your personal information. We are not responsible for the actions of those who obtain your information in this manner. Any transmission of information to LB, and any use of the Services, is at your own risk.
7. No Medical or Psychiatric Advice or Therapy; No Doctor Patient Confidentiality
LB IS NOT A MEDICAL OR HEALTH SERVICES PROVIDER OR FORUM. LB DOES NOT ENGAGE IN PATIENT DIAGNOSIS OR MEDICINE AND MAKES NO HEALTH CLAIMS REGARDING OUR SERVICES.
Neither the content presented by and through LB nor the Services are in any way intended as medical or psychiatric advice, diagnosis or therapy. The Services are not provided for the purpose of diagnosing or treating medical or psychiatric problems or conditions, and are not a substitute for medical or psychiatric treatment or therapy. The content presented by and through LB and the Services are not, and should never be, a substitute for the advice of a licensed healthcare provider or medical professional. Any health information provided through the Services or through links to other sites is provided for your convenience only.
Use of the Services does not establish a doctor-patient relationship and the communications you have with and through LB, including any communications you have with Liam, are not protected by a physician-patient privilege or doctor patient confidentiality. Use of the Services is at your own risk. The information and statements regarding LB and the Services have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease of psychological disorder.
8. Links
Our website may contain links to other sites. LB is not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read the privacy policy stated on that site. This Privacy Policy only governs information on LB.
9. Managing Your Privacy
We have created mechanisms to provide you with the following control over your information:
- You may view and modify the personal information you have provided to us by logging into the Services and clicking on "Profileâ on your device.
- You may also send us an e-mail message at info@livebetter.io, to request access to, correct or delete any personal information that you have provided to us. Should you elect to have your information deleted, we will also delete your user account. However, copies of your information may remain in back up storage for some time after your deletion. We may also retain certain information to protect against identity theft or misconduct.
10. Newsletters or Other Electronic Communications
If you sign up to receive e-mails, newsletters, or promotional material from us, we will use the information you give us to provide the communications you have requested. You can inform us at any time that you no longer wish to receive e-mails, newsletters, or promotional materials from us by selecting the âunsubscribeâ button at the bottom of such communication or by e-mailing us at info@livebetter.io. If you no longer with to receive push notifications on your mobile device, you may turn them off at the device level.
11. Governing Law
The Services are hosted on servers in the United States. By using the Services, you agree that the handling of your personal information and any communication through the Services will be governed by the laws of the United States and any applicable state laws.
12. Changes to the Privacy Policy
We may amend, change or supplement this Privacy Policy from time to time, in our sole discretion. You should frequently check this page for any changes to this Privacy Policy. Your continued use of the Services after any change to this Privacy Policy will constitute your acceptance of such change.
13. Children
We will not knowingly collect personal information from anyone under the age of 13. We encourage parents to talk to their children about their use of the internet and mobile applications and services, and the information they disclose online. If we become aware that a child under the age of 13 has provided us with personally identifiable information, we will delete such information. A parent or guardian may contact us directly at info@livebetter.io if they would like information deleted from our records or for further information about our Privacy Policy.